High Court Still Sizing Up Ms. Jackson’s Assets

Posted on May 4, 2009

It was the “wardrobe malfunction” seen around the world, and for most it’s really old news by now, but Janet Jackson’s famous mammary flash from the 2004 Super Bowl has once again come to the attention of the top U.S. court.

The New York Times:

The Supreme Court on Monday set aside a ruling by the United States Court of Appeals for the Third Circuit, in Philadelphia, that had overturned a $550,000 fine imposed by the Federal Communications Commission on CBS for the “wardrobe malfunction,” as the fateful moment has been described.

The high court said the Third Circuit should give “further consideration” to its conclusion last July 21 that the F.C.C. was wrong to fine the network. A three-judge panel of the Third Circuit said the F.C.C. had not given broadcasters enough advance notice that it was tightening its policies involving fleeting displays of nudity, and that CBS should not have been held responsible for the actions of Ms. Jackson and her performing partner, Justin Timberlake.